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SENA SCHOOL BUS CO. v. BOARD OF EDUC.

No. 7009.

677 P.2d 639 (1984)

101 N.M. 26

SENA SCHOOL BUS COMPANY, INC., a New Mexico Corporation, a/k/a Sena Bus Company, Inc., and David H. Sena, Individually, Plaintiffs-Appellants, v. BOARD OF EDUCATION OF the SANTA FE PUBLIC SCHOOLS, James P. Miller, Superintendent of Schools for Santa Fe Public Schools, Robert M. Sweeney, Richard M. Padilla, Arthur J. Johnson, Alice E. Daum, Jay C. Miller, Eluid Martinez and Henry Gallegos, Individually and as Members of the Santa Fe Public Schools Board of Education; Leonard DeLayo, Superintendent of Public Instruction of the State of New Mexico, Bill G. Loshbough, State Transportation Direcotr for the State of New Mexico, Defendants-Appellees.

Court of Appeals of New Mexico.

February 9, 1984.

Attorney(s) appearing for the Case

Michael D. Bustamante, Ortega & Snead, P.A., Lorenzo Tapia, Jr., Tapia & Campos, Albuquerque, for plaintiffs-appellants.

J. Duke Thornton, Shaffer, Butt, Thornton & Baehr, P.C., Albuquerque, Paul G. Bardacke, Atty. Gen., Carolyn W. Wolf, Asst. Atty. Gen., Fletcher R. Catron, Catron, Catron & Sawtell, P.C., Santa Fe, for defendants-appellees.

OPINION

HENDLEY, Judge.

Plaintiffs appeal the dismissal, based on a two-year statute of limitations, of their complaint which alleged a willful and malicious breach of contract and a deprivation of constitutional rights. Plaintiffs raise the following issues.

1) NMSA 1978, Section 37-1-23 is unconstitutional because it violates the equal protection clauses of the United States and New Mexico Constitutions.

2) Section 37-1-23 is unconstitutional...

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